This preview shows page 1. Sign up to view the full content.
Unformatted text preview: consider the defendant's interception of
these communications to be a substantial and highly offensive invasion of his privacy.
Again, we note that by intercepting such communications, the company is not, as in the
case of urinalysis or personal property searches, requiring the employee to disclose any
personal information about himself or invading the employee's person or personal effects.
Moreover, the company's interest in preventing inappropriate and unprofessional
comments or even illegal activity over its e-mail system outweighs any privacy interest
the employee may have in those comments.
In sum, we find that the defendant's actions did not tortiously invade the plaintiff's
privacy and, therefore, did not violate public policy. As a result, the motion to dismiss is
granted. 77 Case # 11 USA vs. ZEIGLER
United States Court of Appeals,
UNITED STATES of America, Plaintiff-Appellee,
Jeffrey Brian ZIEGLER, Defendant-Appellant.
Argued and Submitted March 6, 2006.
Filed Aug. 8, 2006.
Background: Defendant was convicted in the United States District Court for the District
of Montana, Richard F. Cebull, J., of receipt of obscene material, and he appealed.
Holding: The Court of Appeals, O'Scannlain, Circuit Judge, held that defendant did not
have a reasonable expectation of privacy in his workplace computer.
Defendant did not have a reasonable expectation of privacy in his workplace computer,
and thus, he did not have standing to challenge search of computer's hard drive under
Fourth Amendment; although defendant had to use individual log-in to access workplace
computer, personnel from employer's internet technology (IT) department had complete
administrative access to all employees' computers, employer prohibited private use of
computers by employees, employer had installed a firewall that monitored employees'
internet traffic on workplace computers, IT department reviewed log created by firewall
on a regular basis, and employees were apprised in training and...
View Full Document
- Spring '08